Michael Avenatti Convicted of Federal Fraud, Extortion Charges in Nike Shakedown
"This is what extortion looks like," assistant U.S. attorney Matthew Podolsky said during the government's closing arguments Tuesday.
February 14, 2020 at 02:23 PM
4 minute read
The original version of this story was published on New York Law Journal
A Manhattan federal jury on Friday convicted Michael Avenatti, the brash California lawyer and outspoken critic of President Donald Trump, on charges of extortion and fraud stemming from a shakedown of Nike Inc. in March 2019.
The guilty verdict followed more than two weeks of trial in the U.S District Court for the Southern District of New York, where prosecutors alleged that Avenatti used a client's claims of corruption at Nike to demand that the company pay him between $15 and $25 million to lead an internal investigation into allegations that Nike employees had made illegal payments to the families of high school basketball players.
Avenatti, known for his representation of adult film star Stormy Daniels in her lawsuit against Trump, pleaded not guilty to two counts of extortion and one count of honest-services fraud.
He claimed that his meetings with Nike lawyers were simply settlement talks on behalf of Gary Franklin, a youth basketball coach who had raised concerns after the company pulled its $72,000-per-year sponsorship of his elite California squad, and said the prosecution was at least partially motivated by his public criticisms of the president.
Throughout the trial, jurors heard evidence that Avenatti was facing at least $11 million in personal debts and that his law firm had spiraled into bankruptcy before the alleged extortion plot took place. A former office manager who regularly discussed finances with Avenatti testified that Avenatti had told her he had a plan that would reverse his fortunes and finally allow him to "live the way he wanted to."
They also heard recordings of the meetings, where Avenatti threatened to lay out allegations of Nike's wrongdoing in a press conference that, he said, would take $10 billion off the company's market cap.
"This is what extortion looks like," assistant U.S. attorney Matthew Podolsky said during the government's closing arguments Tuesday.
According to prosecutors, Avenatti's demands included a $1.5 million payment for Franklin, but Avenatti never told his client about his larger ask to head a Nike investigation.
Avenatti's defense attorneys, Scott and Howard Srebnick, painted their client as a zealous advocate, who was prepared to bring his considerable media profile to bear in order to settle Franklin's claims.
Howard Srebnick acknowledged in the defense's closing that Avenatti's behavior could be "harsh," "abrasive" and sometimes "chest-pounding," but, he said, that was exactly the type of powerful persona that led Franklin to hire Avenatti in the first place.
"In the words of Nike itself, he went in there to 'just do it' for his client," Srebnick said, quoting the company's iconic marketing slogan.
The jury of six men and six women deliberated for nearly three days before returning its guilty verdict. A tentative sentencing date was set for June 17.
For Avenatti, Friday's verdict was only the beginning of his criminal exposure on both coasts. He is set to stand trial in Manhattan later this year of charges that he skimmed money from an advance paid to his former client, Daniels, on a book deal, and prosecutors in California have accused him in a sprawling indictment of concealing assets and stealing millions from one-time clients.
Avenatti had remained in federal custody throughout his New York extortion trial, after he was arrested last month for violating the terms of his pretrial release in California.
Avenatti's lawyers, after the verdict was read, promised an appeal.
Geoffrey S. Berman, the U.S. Attorney for the Southern District, in a statement said that "while the defendant may have tried to hide behind legal terms and a suit and tie, the jury clearly saw the defendant's scheme for what it was—an old fashioned shakedown."
A pretrial conference was set for Feb. 25 in the case where Avenatti is charged with stealing money from Daniels when she was his client.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPa. Judicial Nominee Advances While Trump Demands GOP Unity Against Biden Picks
4 minute readAuditor Finds 'Significant Deficiency' in FTC Accounting to Tune of $7M
4 minute readTrump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
'Radical Left Judges'?: Trump Demands GOP Unity Against Biden's Judicial Picks
4 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250